A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 16, 2009, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 2 million at the Jung-gu District Court for a violation of the Road Traffic Act (driving) and a fine of KRW 2.5 million at the Jung-gu District Court on September 14, 2012.

At around 00:40 on February 27, 2019, the Defendant driven Dsch Rexton car under the influence of alcohol concentration of about 5 km from the front of the Namyang-si Blllle road to the front of the Guri-si C, with approximately 0.113 % of alcohol concentration.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: The application of criminal records, repeated statements, and statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order has the history of having been punished several times since the defendant had been sentenced to the suspension of the execution of imprisonment due to the same kind of crime such as drinking and driving without a license even before.

Nevertheless, in the state of 0.113% of the blood alcohol concentration in the tea, the tea has been moving.

The driver was exposed to the police while driving the vehicle dangerously.

The defendant was exposed to the police, but did not immediately comply with the request for the measurement of drinking, and responded to the measurement of drinking only after moving the police box to the police box.

However, it shall be considered in favor of the fact that the defendant recognizes the crime and is against the defendant, and that there is a family member to support the defendant.

The punishment as ordered shall be determined by comprehensively taking into account the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.